Can a lease say the landlord is not liable for injury?

In Alberta, a tenant cannot waive rights under the Residential Tenancies Act, and a waiver of those rights is void. The landlord's covenants include meeting the housing standards under the Public Health Act. We found no section about a no-liability-for-injury clause. The government lists insurance requirements as a normal lease term, but we found no rule on it in the Act.

The tenancy is frustrated if the unit is destroyed, if it is damaged so that a reasonable landlord would not repair it or a reasonable tenant would not stay, or if it is covered by a Public Health Act order. Disputes go to the RTDRS or the Alberta Court of Justice.

In British Columbia, an attempt to contract out of the Residential Tenancy Act has no effect, and a term that is inconsistent with the Act, unconscionable or unclear is unenforceable. We found no section about a no-liability-for-injury clause. A landlord can require tenant insurance as an additional term in the tenancy agreement, which is binding if the tenant agrees and it does not contradict the Act.

If the tenancy is frustrated, for example after a fire, the tenant owes no rent after the event and prepaid rent should be refunded.

In Manitoba, contracting out of the Act is void, and the landlord's duty to keep the unit in repair applies whatever the agreement says. We found no section about a no-liability-for-injury clause. The Act says the director has no authority over a claim for damages for personal injury or death (s.152(3)), and Branch guidance adds pain and suffering or mental anguish. Branch guidance on insurance (RTB Guide 2.7, last revised May 2015, so check it with the Branch) says a landlord generally cannot insist on liability insurance, though it may be reasonable in certain cases such as a waterbed, large aquarium or portable washer.

If performing the tenancy becomes impossible, the tenancy is treated as ended on the date it became impossible. The tenant has a right of first refusal if they ask in writing within one month and the unit is made habitable within one year.

In Saskatchewan, contracting out of the Act is void, and a term that is inconsistent with the Act, unconscionable or unclear is unenforceable. The standard conditions include a heading on liability, but we have not described what it says; ask the Office of Residential Tenancies. We found no insurance rule in the Act or regulations.

The Act and the standard conditions also deal with frustration of the tenancy. The landlord's repair duty is in the Act and cannot be waived by the lease.

In Ontario, the Residential Tenancies Act applies despite any agreement or waiver, and a lease term that conflicts with it is void. The landlord's duty to keep the unit in a good state of repair applies even if the tenant knew of the problem when they rented. We found no section about a no-liability-for-injury clause. The standard lease lets the landlord and tenant agree that the tenant must carry liability insurance and show proof when asked, and contents insurance is up to the tenant.

When a unit is destroyed, the Act applies the doctrine of frustration and the Frustrated Contracts Act.

In New Brunswick, contracting out of the Residential Tenancies Act is not allowed, and any alteration of or deletion from the standard form of lease is void. Additions both sides agree to are allowed if they do not alter a right or duty in the Act. We found no section about a no-liability-for-injury clause. A landlord may ask for proof of insurance as a condition of renting.

The landlord's duties are set in the Act, and the Act also addresses what happens if the tenancy is frustrated.

In Nova Scotia, the Act applies despite any lease, and extra lease terms must not conflict with the Act. The landlord's repair duty is Statutory Condition 1. We found no section about a no-liability-for-injury clause. The Renting Guide says a landlord may request insurance through landlord rules, and the standard lease has a tenant insurance checkbox.

The Act has no frustration provision. A landlord may give a notice to quit if the unit is made uninhabitable by fire, flood or another occurrence; ask the Director of Residential Tenancies about the notice length and your rent.

In PEI, tenant waivers of the Act are void, and the statutory provisions in the Act cannot be changed or removed. The landlord's duty to maintain is in the Act. We found no section about a no-liability-for-injury clause and no insurance rule.

The Act's frustration provision works with the Frustrated Contracts Act, under which money paid is recoverable and sums payable cease to be payable. Ask the Rental Office how it applies to your situation.

In Newfoundland and Labrador, the Residential Tenancies Act applies despite any agreement, and the statutory conditions apply despite any agreement and must be reproduced unchanged. A term that breaks the Act is not enforceable. The landlord's repair duty is Statutory Condition 1. We found no section about a no-liability-for-injury clause. Government guidance says it is generally not unreasonable for a landlord to require the tenant to hold insurance for personal property, and that the landlord insures the building.

The Act also addresses what happens when the tenancy cannot continue, for example after a fire or flood. Ask the Residential Tenancies Office about your situation.